scholarly journals Accutability of the Court - Some Theoretical and Legal Situations

2019 ◽  
Vol 35 (1) ◽  
Author(s):  
Pham Hong Thai

Court accountability formed in the relationship of power between power owner and delegators, in which the delegators are obliged to be accountable to the owners of power. The nature of the accountability of the court is due diligence to clarify and explain information about the court's decisions, judgments, acts, and other activities up to the request of other state agencies, the authorized persons or the people. The accountable duty of the state, including the court, is regulated under the Constitution and other legal documents which show the content of the court's accountability mainly is explanation their adjudication is compiled to the following principles: publicity, independence, objectivity, only obeying the law, protecting justice. In fact, the court may ensure their accountability by publicizing their decisions, judgments, reports as well as their answers to any questions or requests. Keywords: Accountability, court, legal basis.

2021 ◽  
Vol 2 (1) ◽  
pp. 1
Author(s):  
Bahiroh Adilah

This research focuses on analyzing the discourse of the power relation between the state and the people in Indonesia in the lyrics of the songs "Kami Belum Tentu" and "Padi Milik Rakyat" by Feast (group band). Intolerance became Indonesia main concern in 2018 especially Surabaya’s church bombing, which then elaborated on other issues related to the socio- economic and political phenomena in Indonesia. The two songs were chosen because they adequately describe the socio-economic and political conditions in Indonesia and related to various sectors of government.This study uses Normal Fairclough's critical discourse analysis method to read the discourse on power relations between the state and the people which is articulated in the lyrics of the two songs. The results of this study conclude that the discourse on power relations with the form of Governmentality is spread in various areas of government, including in the leadership of a democratic country, the education system in Indonesia, the law constitution of UU ITE, towards farm workers through Reforma Agraria, and also in the management of tax money in Indonesia. The people will always be in a repressive state power system and the state uses its political power to carry out hegemonic submissions that are detrimental to the people structurally and economically through the ISA (Ideological State Apparatus) and RSA (Repressive State Apparatus) which critized in Indonesian indie song lyric.


Author(s):  
Annabel S. Brett

This chapter discusses the relationship of the state to its subjects as necessarily physically embodied beings. The primary way in which the commonwealth commands its subjects is through the medium of its law. The law is for the common good and obliges the community as a whole, and thus the ontological status of the law—as distinct from any particular command of a superior to an individual—is intimately tied to that of the body politic. The question, then, concerning the relationship of the state to the natural body of the individual can be framed in terms of the extent of the obligation of the civil law.


2021 ◽  
Vol 1 (2) ◽  
pp. 68
Author(s):  
Bahiroh Adilah

This research focuses on analyzing the discourse of the power relation between the state and the people in Indonesia in the lyrics of the songs "Kami Belum Tentu" and "Padi Milik Rakyat" by Feast (group band). Intolerance became Indonesia main concern in 2018 especially Surabaya’s church bombing, which then elaborated on other issues related to the socio- economic and political phenomena in Indonesia. The two songs were chosen because they adequately describe the socio-economic and political conditions in Indonesia and related to various sectors of government.This study uses Normal Fairclough's critical discourse analysis method to read the discourse on power relations between the state and the people which is articulated in the lyrics of the two songs. The results of this study conclude that the discourse on power relations with the form of Governmentality is spread in various areas of government, including in the leadership of a democratic country, the education system in Indonesia, the law constitution of UU ITE, towards farm workers through Reforma Agraria, and also in the management of tax money in Indonesia. The people will always be in a repressive state power system and the state uses its political power to carry out hegemonic submissions that are detrimental to the people structurally and economically through the ISA (Ideological State Apparatus) and RSA (Repressive State Apparatus) which critized in Indonesian indie song lyric.


2017 ◽  
Vol 1 (2) ◽  
Author(s):  
Afrinald Rizhan

 Abstract The law is always identified with justice, because the law must reflect justice and at the same time maintain justice. Law as a moral category is similar to justice. The word "justice" is of course also used in the legal sense, in terms of compatibility with positive law, especially in conformity with the Act. The only thing that is always demanded by the community is justice, not the law. Because justice is an irrational ideal, and justice is not the goal of knowledge, so what is learned in science is law, even though justice itself is indispensable to human will and action. Justice is something that is difficult to reach. Seeing the number of elements that affect or the parties related to justice itself. Justice that tends to be relatively large influenced by political elements. Legal politics is a legal policy or legal (policy) line of law that will be enforced either by the creation of a new law or by the replacement of the old law, in order to achieve the objectives of the State. In other words Political law is a series of concepts and principles that outline and basic plan in the implementation of a job, leadership, and how to act in the field of law. The purpose of this study is to determine the comparison between the State of Democracy and Islamic State when viewed from Politics and Justice. Type of research conducted is normative legal research, namely research conducted on legal principles and legal synchronization level. The analysis conducted in this research is qualitative analysis by drawing deductive conclusions that is drawing conclusions from things that are general to things that are special. The result of this research is Democracy State and Islamic State both using politics. Because, in simple terms politics is a strategy, a technique of governing. Politics has also been used in Islam since the time of Prophet Muhammad SAW. He as a person who spread the religion of Islam and in the spread of religion is using the same strategy as with politics. Justice is a thing that has always been the basis of the ideals of each State, whatever form the State certainly has a vision and mission that did not escape the desire of achieving justice. So also with the State of Democracy and Islamic State. In addition to the equality of vision and mission of justice, another apparent equation concerns the thought of the political system of the relationship between the people and the rulers and the responsibilities of government. Keywords: state, politics, justice, democracy AbstrakHukum selalu diidentikkan dengan keadilan, karena hukum harus mencerminkan keadilan dan sekaligus dapat menjaga keadilan. Hukum sebagai kategori moral serupa dengan keadilan. Kata “keadilan” tentu saja juga digunakan dalam pengertian hukum, dari segi kecocokan dengan hukum positif, terutama kecocokan dengan Undang-Undang. Hanya saja yang selalu dituntut oleh masyarakat adalah keadilan, bukan hukum. Karena keadilan adalah suatu cita-cita yang irasional, dan keadilan bukan sasaran dari pengetahuan, maka yang dipelajari dalam suatu ilmu pengetahuan adalah hukum, meskipun keadilan itu sendiri sangat diperlukan bagi kemauan dan tindakan manusia. Keadilan adalah sesuatu hal yang sulit di gapai. Melihat banyaknya unsur-unsur yang mempengaruhi atau pihak-pihak yang terkait dengan keadilan itu sendiri. Keadilan yang cenderung bersifat relatif banyak di pengaruhi oleh unsur-unsur politik. Politik hukum adalah legal policy atau garis (kebijakan) resmi tentang hukum yang akan diberlakukan baik dengan pembuatan hukum baru maupun dengan penggantian hukum lama, dalam rangka mencapai tujuan Negara. Dengan kata lain Politik hukum adalah rangkaian konsep dan asas yang menjadi garis besar dan dasar rencana dalam pelaksanaan suatu pekerjaan, kepemimpinan, dan cara bertindak dalam bidang hukum. Tujuan penelitian ini adalah untuk mengetahui perbandingan antara Negara Demokrasi dan Negara Islam apabila di tinjau dari Politik dan Keadilan. Jenis Penelitian yang dilakukan adalah penelitian hukum normatif, yaitu penelitian yang dilakukan terhadap asas-asas hukum dan taraf sinkronisasi hukum. Analisis yang dilakukan dalam penelitian ini adalah analisis kualitatif dengan menarik kesimpulan secara deduktif yaitu menarik kesimpulan dari hal-hal yang bersifat umum kepada hal-hal yang bersifat khusus. Hasil yang didapat dari penelitian ini adalah Negara Demokrasi maupun Negara Islam sama-sama menggunakan politik. Karena, dalam permaknaan yang sederhana politik adalah strategi, teknik mengatur. Politik juga sudah digunakan dalam islam sejak zaman Nabi Muhammad SAW. Beliau selaku orang yang menyebarkan agama islam dan dalam penyebaran agama tersebut menggunakan strategi yang sama halnya dengan politik. Keadilan adalah suatu hal yang selalu menjadi dasar cita-cita setiap Negara, apapun bentuk Negara tersebut tentu mempunyai visi dan misi yang tak luput dari keinginan pencapaian keadilan. Begitu juga dengan Negara Demokrasi maupun Negara Islam. Selain persamaan terhadap visi dan misi keadilan tersebut, persamaan lain yang tampak adalah menyangkut pemikiran sistem politik tentang hubungan antara umat dan penguasa serta tanggung jawab pemerintahan. Kata Kunci: negara, politik, keadilan, demokrasi 


2010 ◽  
Vol 29 (93) ◽  
pp. 69
Author(s):  
Agemir Bavaresco

O fenômeno da globalização põe em crise a teoria da soberania moderna, porque o Estado-Nação, forjado a partir da autonomia soberana, não consegue mais controlar e proteger o seu território, bem como garantir junto ao povo a legitimação de suas decisões para incrementar um projeto político. A soberania moderna foi elaborada a partir do Estado-Nação fechado sobre si mesmo em seu território e travando guerras de expansão contra outros Estados. Há uma predominância da soberania interna, ocorrendo um eclipse da dimensão inter-estatal, enquanto que a soberania pós-moderna constrói-se a partir do Império Mundial, que desconhece os Estados nacionais. Há um deslocamento do poder para a soberania externa em detrimento da afirmação nacional. Ora, tanto o primeiro como o segundo modelo de soberania caem nos extremos do silogismo, ou seja, não articulam a soberania interna e externa na relação da mediação. Hegel, a nosso ver, propõe uma justa tensão mediadora entre os dois momentos da sua teoria sobre a soberania.Abstract: The phenomenon of the globalization puts in crisis the theory of the modern sovereignty because of the State-nation forged starting from the sovereign autonomy doesn’t get more to control and to protect its territory, as well as to guarantee to the people the legitimization of its decisions to increase a political project. The modern sovereignty was elaborated starting from State-nation shut on himself in its territory and making expansion wars against other States. There is a predominance of the sovereignty interns, happening an eclipse of the inter-state dimension while the sovereignty postmodern is built starting from the World Empire that ignores national States. There is a displacement of the power for the external sovereignty in detriment of the national affirmation. Now, so much the first as the second models of sovereignty they drop in the extreme of the syllogism, that is to say, they don’t articulate the sovereignty interns and external in the relationship of the mediation. Hegel, in our opinion, proposes a just tension among the two moments of its theory on the sovereignty.


2018 ◽  
Vol 2 (3) ◽  
pp. 155-158
Author(s):  
Muhammad Saleh Lubis ◽  
Yurasti Yurasti ◽  
Novi Yanti ◽  
Y Yulistia

One of the biggest sources of state revenue comes from taxes. The tax is not the most effective way to use the law, with no direct reciprocity and is used for the state's needs for the greatest prosperity of the people. The purpose of this study is to know the effect of personal trust and personal innovation on taxpayer's desires with attitude as a variable intervening. The result show that attitude can mediate the relationship between trust and personal innovativeness.  


2002 ◽  
Vol 45 (3-4) ◽  
pp. 211-242
Author(s):  
Witold Jemielity

There has been close relationship of the church institutions with the state ones. People prayed in churches on behalf of the current ruler of the country, especially on his birthdays, name days and anniversary of coming to the throne. However, the most significant, according to the law, was the oath taken by all the subjects together with the members of the tsar family. There were two kinds of oaths taken by tha subjects: one taken immediately after the coming to the throne of the tsar and the other, taken just before taking over state offices or for the soldiers who have just joined up the army. There existed detailed regulations as regards who, when and in what way had to fulfill it. The contens of the oath to the specific ruler was quite similar, however, after January Uprising the distinct features of the Congress Kingdom and Tsar Russia started to disappear. In the first half of the century the oath was taken in Polish, while in Augustów Guernica it was also taken in Lithuanian. In the second half of the century the people who spoke Russian took the oath in that language, as far as it concerned civil offices, however in churches it was taken in a local language. It concerned people who have just joined up the army, were appointed to the post mayor, chief of the group of villages, guards of the forests and others. The oaths were taken by the clergymen even if they took place not in the church. Immediately after the November and January Uprisings again the loyalty towards the king and tsar was expressed.


2020 ◽  
Author(s):  
Rifa Nirmala ◽  
Hade Afriansyah

Thus can drawing conclusions about the relationship of the school with the community is essentially a very decisive tool in fostering and developing the personal growth of students in schools. If the relationship between the school and the community goes well, the sense of responsibility and participation of the community to advance the school will also be good and high. In order to create relationships and cooperation between schools and the community, the community needs to know and have a clear picture of the school they have obtained.The presence of schools is based on the good will of the country and the people who support it. Therefore people who work in schools inevitably have to work with the community. The community here can be in the form of parents of students, agencies, organizations, both public and private. One reason schools need help from the community where schools are because schools must be funded.


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